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4. BOASR 03-20-2012REQUEST FOR ACTION TO ITEM NUMBER Board of Adustment 4. AGENDA SECTION MEETING DATE PREPARED BY March 20, 2012 erem Barnhart, Plannin Mana er ITEM DESCRIPTION REVIEWED By Consider Request by Elk River Lutheran Church for Variance to the City of Elk River Land Use Regulations, Section 30-2025 (2) REVIEWED BY - Stormwater Management, for 729 Main Street, Case No. V 12- 01 -Public Hearin ACTION REQUESTED Staff recommends approval of the variance request, as illustrated on drawings dated March 5, 2012, subject to the following condition: 1. The new sidewalk shall be pervious pavers or approved equal. Applicant Vanman Architects and Builders, on behalf of Elk River Lutheran Church and the ELCA Address 729 Main Street 60 Day Rule The City must take action by May 9, 2012 OVERVIEW Elk River Lutheran Church has submitted a Conditional Use Permit application (CU 12-03) to operate an institutional use at the former 1y` National Bank, 729 Main Street. During the course of that review, it became apparent that a variance from the Shore land regulations (Section 30-2025 (2) - a) would be necessary. The applicable shore land regulation states that the maximum lot coverage area is 25%. If impervious surface exceeds this amount, then the applicant must prepare a storm water management plan that collects storm water during a 5 year historical event and discharge it off site at a rate not greater than that found during the same event predevelopment. The intent of the ordinance is to encourage greater levels of on-site infiltration and to control the flow of surface contaminants (sand, dirt, trash, oils, heat, etc.) into the Mississippi River to avoid and correct the damage development has had on the rivers of the State. 69% of the subject property is currently covered by impervious materials (concrete, roof, asphalt). Even with the removal of the pavement areas for the drive through lane, and the use of pervious pavers in the sidewalk leading from Main Street (as proposed as part of the Church renovation), the impervious surface area only drops to 43%. Case File: V 12-02 Page 2 ER Lutheran Church To attain the redevelopment level of storm water discharge, all hard surfaces would need to be removed and replaced with pervious surfaces, and the roof drainage would need to be routed to an underground cistern or above ground infiltration basin. In the downtown area, where virtually all of the properties exceed the 25% requirement, these types of activities would be costly, and inconsistent with the density and parking goals of the downtown area. BACKGROUND/PRECEDENT Recent projects in the downtown area, including McCoy's Pub (2009) and the Bluff building (2005) exceed the lot coverage area; those projects when completed, did not appear to increase the amount of impervious surface. GENERAL INFORMATION Location Existing Use Comprehensive Plan Current Zoning Designation Subject Vacant bank Old Town Downtown District/ Property bullding Shore land Overlay North Parking lot Old Town Downtown District/ Shore land Overlay South Mississippi River River River East Downtown Old Town Downtown District/ Commercial Shore land Overlay West Dares Funeral Old Town Downtown District/ Home Shore land Overlay APPLICABLE REGULATIONS Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement of the ordinance will cause undue hardship. The property proposes a reduction in the amount of impervious surface, towards the goals established by the ordinance but not to the level of meeting the ordinance literally. Further, to meet the requirement, extensive development and open space creation is necessary. 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. N:\Departments\Community Development\Planning\Case Piles\Variance\V 12-U1 Elk RIver Lutheran\V 12-01 SR to PC 3-20-12.docx Case File: V 12-02 ER Lutheran Church Page 3 Part of the challenge faced by the applicant is the question of water collection. Based on the unique topography, there are 6 different "watersheds." Collection and infiltration in each of these areas must be provided; this constitutes a substantial hardship due to space conflicts, efficiency issues, and cost. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The building and parking lot were built in the 1970's, before the shore land regulations were established for the parcel. The petitioner is now in the process of purchasing to property. 4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Regardless of the use, any expansion of the parcel would be in conflict with the strict application of the ordinance. Further, all of the other parcels east of the subject parcel, south of Main Street would also fall in conflict with the ordinance. Two of these parcels were able to expand. Globally, this ordinance is inconsistent with the characteristics of older downtown areas due to these areas being frequently very dense, concentrated with concrete and pavement, and situated near rivers and other bodies of water, the historical center of many towns. In that sense, the downtown region and the shore land regulations are in internal conflict; variances for many parcels will be necessary. The City's Shore land ordinance is closely based on language provided by the State and used in other communities. Over the hundreds of miles of rivers protected by the language, downtown areas represent a very small portion of shore land areas. It seems apparent that reducing the amount of impervious service in the downtown areas is a primary goal in these downtown areas. S. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. The variance, if granted, would allow for the construction of a project that will reduce the amount of impervious surface, which is the goal of the ordinance and consistent with the spirit and intent of the ordinance. In the review of these standards, it is Staff's opinion that the variance is justified and necessary. ATTACHMENTS ^Location Map ^Applicant's Narrative ^ Site Plan sheet C-1, dated March 5, 2012 Action Motion by Second by Vote N:\Departments\Community Development\Planning\Case Files\Vaziance\V 12-01 Elk RIver Lutheran\V 12-O1 SR to PC 3-20.12.docs WV 95~£0~6 ZTOZ/bZ/Z'6Mp'deW uoRe~o~\ue~ayln~ iania ~II3 £0-ZT N\dN\sapd ase~\6wuueld\luawdo~ana4 6)iunwwo~\sluawuedap\:N `ti~~: ~'~~~~r~..~~ __, ~'.r;~fi~~ _ --~- _-t` ~Mti.;uw~ Douglas Derr e{ `; Architects, LLC ~' ~ - E 1742 Portland Avenue ~~, ~~ --, ~ --'~ ~ , ~ Saint Paul, MN 55104 Variance Request for: Elk River Lutheran Church March 8th, 2012 Elk River Lutheran Church, ELCA, has made an offer to purchase the former 1St National Bank Building at 729 Main Street for reuse as their new church home and has submitted a CUP application to do so. It has come to their attention that because this property is within the jurisdiction of the Shoreland Overlay District, an ordinance pertaining to the percentage of impervious surface on the site and the 5-year frequency discharge rate is in violation. More specifically, the ordinance in question states that "If the amount of impervious surface is greater than 25% of the lot area, a storm water drainage plan will need to be prepared to restrict the developed five year frequency discharge to a rate not greater than the discharge with no development." In order to meet this requirement the necessary development of the site would be dramatically invasive, affecting not only the property itself, but also the adjacent properties which include neighboring parking lots, streets and city easements. This is because the calculated Predevelopment Runoff Rate is 0.5 cubic feet per second (cfs) while the calculated Current Condition Runoff Rate is 3.1 cfs. (See attached Drainage Summary from Oliver Surveying & Engineering, Inc.) Elk River Lutheran Church is requesting a variance to this ordinance with the following evidence of best intent for the site and the community. 1) The variance is in harmony with the general purpose and intent of the ordinance. Despite the fact that the 0.5 cfs Runoff Rate is not reasonably attainable for the site, the design team was able to significantly reduce the current 3.1 cfs rate to 1.6 cfs by an increase in green space, the use of pervious pavers in the proposed sidewalks and the installation of an underground infiltration system north of the building to infiltrate newly captured stormwater runoff from the building addition and remodel. 2) The variance is consistent with the City of Elk River comprehensive plan. By allowing the variance and thus the redevelopment of this downtown site, the City of Elk River will be reinforcing the ideals laid out in the Vision Statement of its Comprehensive Plan. Converting a vacant building in the heart of historic downtown Elk River into an active church will not only further develop the aesthetic beauty and diversity of Main Street, but it will bring more people into the downtown area. This increase in visitors to downtown will strengthen the neighborhood by boosting local businesses, increasing the sense of community and adding to the comfort and security. of the street. Additionally, the design for this site involves an increase in green space that will be accessible and open to everyone in the community. The churches desires are to enhance both the built and natural environment in ways that support the future development and growth of the City of Elk River. 3) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. Not applicable. 4) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction. The existing condition of the site is in violation of the above stated ordinance, and it is the intent of Elk River Lutheran Church to dramatically improve these conditions. The current percentage of Impervious Surface Coverage is 69%, leading to much of the existing violation. However, with the proposed design by the church this amount of Impervious Surface Coverage is reduced to only 43%. 5) The variance, if granted, will not alter the essential character of the locality. Historically, the church has been one of the defining elements of a downtown district. It acts as a symbolic identifier of the center of town where people can go, not just for a Sunday service, but for community meetings, weddings, funerals and the like. After these events visitors typically want to go to a neighboring restaurant or coffee shop for food and conversation, or run convenient errands to other businesses within walking distance. One of the core characteristics of a healthy downtown is the interdependence of its residence and businesses. Each depends on the other to attract and sustain visitors. It is the desire of Elk River Lutheran Church to become a dynamic part of the existing character of Downtown Elk River, establishing itself as a resource and amenity for the community. The church will function as a social catalyst through which the fundamental qualities of downtown may become more accessible and more appreciated. Qliver Suave in ~ En ineerin ,Inc. .v g g g Land Surveying • Civil Engineering • Land Planning DRAINAGE SUMMARY Elk River Lutheran Church Elk River, MN 1/24/2012 Revised 3/6/2012 Runoff Rate and Volume Calculations Runoff Rate (cfs) Runoff Volume (af) Predevelopment Condition 0.5 0.045 Current Condition 3.1 0.171 Proposed Condition 1.6 0.090 Impervious Surface Calculations Current Impervious Surface Coverage: 69% Proposed Impervious Surface Coverage: 43% The reduction in impervious surface coverage is obtained by an increase in green space, the use of pavers in the proposed sidewalk north and east of the building to create a pervious surface, and the installation of an underground infiltration system north of the building to infiltrate stonmwater runoff from the building addition and remodeled spaces. The system is sized to store and infiltrate the 5-year storm event with no offsite runoff. 580 Dodge Avenue • Elk River, MN 55330. 763.441.2072 • fac. 763.441.5665 • www. 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V ~ W .~ V NI rn m .ELK RIVER LUTHERAN CHURCH y OIIV81' Surveying CC Engrneering, IriC. I hereby certify thot this plan, specif- cation, or report was prepared by me DATE: 130 2012 REV N0. DATE DESCRIPTION z L d or under my direct supervision and DESIGN BY: WJM n ~ an Sari eying•LYv!/EngineeNng •LafdPlamtng that I am a duly licensed Pro fessiono E d th l f th DRAWN BY• BJC ELK RIVER, MN J80Lb n sneer un er aws o e e stole f A ggsA~ EIkRAer,Miimttofa JJ330 o tinnesoto. CHECKED eY: WJM (763) X41-2071-jaa (763) 4~1d66J Dwc: 756D-11517E ~~ ~ ~ Si nature: OD~V^^' I www.alfverae.rom g TEXT: S TE PLAN William J. Moonen, PE 11-03 FILE NO : 7560 Dote: 1/30/2012 Lic. No. 26777 . .